The opinion of the court was delivered by: DUMBAULD
Following oral argument on December 2, 1980, there are pending for disposition defendants' motion to dismiss (or in the alternative for summary judgment, on affidavits and other material now of record), and plaintiff's motion to compel answers to interrogatories. It was the consensus of counsel that disposition of the latter motion depends upon the scope of the litigation as fashioned by the result reached as to the effect of a "predetermination settlement" approved by Equal Employment Opportunity Commission (hereafter EEOC) on November 21, 1977 (Ex. B to Complaint).
That document terminated proceedings before the EEOC upon charge No. 034-770076 relating to alleged violations of Title VII of the Civil Rights Act of 1965, 42 U.S.C. § 2000e-2(a)(1), by defendants with respect to plaintiff in the matter of sex discrimination. Pertinent paragraphs thereof provide:
The Charging Party hereby waives, releases and covenants not to sue Respondent with respect to the matters which were or might have been alleged as charges filed with the Equal Employment Opportunity Commission, subject to performance by the Respondent of the promises and representations contained herein. The Commission shall determine whether the Respondent has complied with the terms of this Agreement.
The Parties agree that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under Title VII of the Civil Rights Act of 1964, as amended, or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
Respondent agrees to pay Charging Party the amount of $8,000.00 less deductions required by law. This amount is considered as full settlement of all claims Charging Party may have against Respondent, arising out of her previous employment with Bethlehem Mines Corporation. A job offer is not required under this Agreement.
The "deductions required by law" apparently reduced the amount paid to plaintiff to $5,692.00, according to plaintiff's receipt filed therewith.
The Complaint, besides the company and the UMWA union, names as defendants several individual employees of the company and union officials. Some of the individual defendants have not been served, and the motion to dismiss is hereby granted as to them.
The complaint contains allegations of sex discrimination during plaintiff's employment with Bethlehem between October 1975 and December 1976. Illegal discharge is alleged. Sex discrimination and retaliation charges are also alleged covering the period from 1978 when plaintiff has sought reemployment. Institutional injunctive relief is sought, as well as back pay with interest, damages sustained, as well as "liquiiated [ sic ] damages and exemplary damages," together with costs of suit and counsel fees.
It is obvious that many of the issues presented by the complaint are precluded by the terms of the "pre-determination settlement" ...